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Facing Facts: How To Deal With An Accident When You Don’t Own Your Car Outright…

Generally speaking, it is a really bad idea to even be driving a car that you do not own , let alone have an accident while driving a car that you don’t own…though that does not help you if that has already happened to you. Assuming that you are reading this because this sort of incident HAS already happened to you, let’s try to address a few issues of immediate concern.

First, NEVER, and I mean NEVER assume that any law enforcement agency, officer, or insurance company representative is on your side or has your best interest at heart. They might, but that is not a chance you can afford to take at the moment of having an accident in a vehicle that you do not legally own. Your safest action is one of abject paranoia, assuming that you might be in grave trouble if you say too much or give information to the wrong person. That being said, you should follow the rule of keeping your mouth shut about anything relating to the accident. Do not tell anything, do not offer any information to anyone including law enforcement or insurance company personnel.

Second, know your rights. You do have the right to remain absolutely silent until having the opportunity to consult the legal representation of your choice, and to continue that silence throughout any and every court proceeding that may result from your accident. You do not have to say a word, though your silence may at some point be considered to be a point of guilt against you, and you may definitely refuse to incriminate yourself in any way by admitting to any wrongdoing. You should be advised that doing so may very well land you in jail at least overnight, and could lead to your being viewed by law enforcement as “uncooperative”. Nonetheless, you have it in your corner that you are indeed standing on your Constitutional rights as an American citizen and should not be harassed or otherwise hindered as a result.

In the end, you should definitely contact the rightful owner of the vehicle and let them know about whatever accident occurred in their vehicle. They may prove to be liable, or you personally might bear the blame for any mishap occurring in their vehicle, but you certainly have the responsibility of informing them of the incident so that they can proceed with full understanding of the situation at hand.

At that point, you will determine liability pertaining to yourself versus the insured owner of the vehicle. Hopefully it will go well for both of you, as you neither bore the responsibility of the insurance payments nor owned the vehicle, and the true owner had no participation in the events relating to the accident which occurred without their knowledge.

Proceed with caution, as such situation can actually result in prison terms, depending upon the state in which you reside.